Talaq in Unconsciousness Caused by Fever

Question

Zayd gave his wife talaq by saying it three times in the presence of the imam of the Congregational Mosque and several women, and turned his wife out of the house. When asked, he pleaded unconsciousness from fever as the reason for the talaq, although this is false. The wife has a paternal uncle (her father’s elder brother); out of ignorance he did not attach importance to the matter and, after keeping the girl with himself for some time, sent her off to Zayd’s home at the wish of Zayd’s relatives.

Answer

If the unconsciousness was such that his reason was not in place, and he could not distinguish between his own benefit and harm, and all the acts done by him at that time likewise issued from him contrary to reason, and he did not give talaq while retaining his senses and awareness, then according to the Shari‘a talaq has not taken effect.

Source: Fatawa Mahmudiyya

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